Nabr Terms & Conditions

1. Acceptance of the Terms

The following terms and conditions govern all access and use of the website www.Nabr.com and any related online or offline services (collectively, the “Services”) that are offered by SHPE Living, Inc. d/b/a Nabr (together with affiliates, “Nabr”). This includes any electronic content, functionality, features, and applications provided through the Services (collectively, “Materials”). By accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions (the “Terms”) and our posted Privacy Policy, which is incorporated into these Terms by reference.

These Terms apply to all users of the Services and by using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements in these Terms. Note that if you have a business relationship with us, the contractual terms of that relationship will control.

We reserve the right to revise these Terms and our Services without notice. Your right to access or use the Services is terminated if you violate these Terms, and we reserve the right to seek all remedies available by law and in equity for such violations. Any rights not expressly granted herein are reserved. Please check back periodically to review any changes to these Terms. Please see Sections 5-6 below regarding your legal rights in any dispute involving our Services.

2. Intellectual Property Rights

We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with these Terms and our Privacy Policy. The Services contain Materials owned by (or licensed to) us, including name, logo, text, images, audio/visual works, icons and scripts, and other materials provided on or through the Services. Except as provided herein, or with our express prior written permission, none of the information and Materials provided by the Services may be copied, displayed, distributed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes. Trademarks and service marks that may be referred to in the Services are the property of Nabr or its respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. Claims of copyright infringement should be directed to the contact information provided below.

3. Links to or from our Services

Unless we agree otherwise in writing: (1) any link to our Services must be clearly marked with our website address; (2) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our names and trademarks; (3) the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us; (4) when selected by a user, the link must display the Services on a full-screen and not within a “frame” on the linking website; and (5) we reserve the right to revoke this consent to link at any time in our sole discretion.

Our Services may contain links to third-party sites. Access to any other Internet site provided in the Services is at the user’s own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those other site(s). We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement, recommendation, or approval. The content, accuracy, opinions expressed, and other links provided by such linked sites are not investigated, verified, or monitored by us. If you decide to visit, or transact business at, any linked site, then you do so at your own risk and it is your responsibility to take all protective measures. The third-party sites are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.

4. User Conduct, Prohibited or Unlawful Use

You are responsible for any activity that occurs through your use of our Services and you agree that you will not sell, transfer, license, or assign any account or access rights we may provide to you.

In order to maintain an informative and valuable service for the users of the Services, the following rules have been established to protect against abuse. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, and may not, for example: (i) attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems, or networks of the Services, with the intent to probe, scan or test the vulnerability of a system or network of the Services, or those of any other party; (ii) interfere with service to any user, host or network including, without limitation, mail- bombing, flooding, or attempting to overload the system; (iii) falsify address information or otherwise modify e-mail headers to conceal the sender’s, or the recipient’s, identity; or (iv) use the Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider. Note that these examples of unacceptable conduct are not intended to be an all-inclusive list and use of the Services in any manner that is unlawful or which could damage, disable, overburden or impair us or the Services is strictly prohibited. We may cooperate with U.S. government and law enforcement officials if any unlawful activity is suspected. Violations may result in liability and revocation of access to the Services.

5. Applicable Laws, Class Action Waiver, and Indemnity

By using the Services, you agree that these Terms inclusive of our Privacy Policy are subject to, and shall be construed and enforced in accordance with, the laws of the State of New York without regard to its choice of law principles. This is the case regardless of whether you reside or transact business or view the Services in New York or elsewhere. Excluding disputes addressed through arbitration as provided below, you agree to submit to the exclusive jurisdiction of the state and federal courts of New York in relation to any claim, dispute, or difference arising from your use of the Services, these Terms or our Privacy Policy, and you agree to waive any right of removal or transfer whether due to forum non-conveniens or other reason.

Excluding claims for injunctive or other equitable relief, any dispute or controversy arising out of or relating to your use of the Services, these Terms or our Privacy Policy (each a “Dispute), including without limitation, any disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration in accordance with the AAA Consumer Arbitration Rules then in effect (except to the extent modified herein). The Rules are available at: adr.org/consumer. There shall be no right or authority for any Disputes to be arbitrated on a class action basis. The arbitration shall take place in the State of New York or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by AAA. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

The Services are controlled and administered by us in the United States of America. We make no representations that the Services are appropriate or available for use at locations outside the United States. If you access the Website from locations outside of the United States, then you are responsible for your compliance with all applicable laws.

You agree to indemnify us and hold us harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services by any means, including without limitation through a posting, a link, reference to other content, or otherwise.

6. Disclaimer

Although we endeavor to provide accurate information through the Services, neither we nor our officers, directors, shareholders, employees, agents or representatives warrant that the Services will be uninterrupted or error-free. While we will use reasonable effort to maintain the availability of the Services, there is no guarantee that they will be complete, up-to-date, or available at all times. We may update, modify or remove any Materials from the Services at any time and for any reason, without prior notice.

YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH THE USE OR DOWNLOADING OF MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF YOU ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES) THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

7. Privacy Policy

Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy.

8. Miscellaneous

If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nabr as a result of these Terms or your use of the Services. Additionally, our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Furthermore, the section titles in these Terms are for convenience only and have no legal or contractual effect.

9. Contact Information

Reports of any activity in violation of these Terms should be sent to the address shown below. For all questions, complaints, and general comments, please contact us via e-mail at hello@Nabr.com.

These Terms of Use were last updated on August 2nd, 2021.


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